Ohio State Bar Assn. v. Burdzinski

4 Citing cases

  1. Disciplinary Counsel v. Spicer

    2020 Ohio 3020 (Ohio 2020)

    And the drafting of a contract or other legal instrument on behalf of another constitutes the practice of law "even if the contract is copied from a form book or a contract previously prepared by a lawyer." Ohio State Bar Assn. v. Burdzinski, Brinkman, Czarzasty & Landwehr, Inc. , 112 Ohio St.3d 107, 2006-Ohio-6511, 858 N.E.2d 372, ¶ 23.{¶ 10} In addition, we have explained that although an unlicensed person may assist in the provision of legal services, "the individual's actions must be closely supervised and approved by a licensed attorney."

  2. Ohio State Bar Ass'n v. Miller

    138 Ohio St. 3d 203 (Ohio 2014)   Cited 4 times

    However, we have consistently held that drafting contracts or legal instruments on behalf of another constitutes the practice of law. Ohio State Bar Assn. v. Burdzinski, Brinkman, Czarzasty & Landwehr, Inc., 112 Ohio St.3d 107, 2006-Ohio-6511, 858 N.E.2d 372, ¶ 22, citing Land Title Abstract at 28–29, 193 N.E. 650. “The fact that respondents may copy the contracts or use forms from a form book does not change the nature of the act. * * * The drafting or writing of a contract or other legal instrument on behalf of another is the practice of law, even if the contract is copied from a form book or a contract previously prepared by a lawyer.

  3. Gibbons v. Ohio State Dental Bd.

    2022 Ohio 2463 (Ohio Ct. App. 2022)

    Assuming, arguendo, that treatment for alcohol dependency and abstinence constitute medical treatment, the Ohio Supreme Court has also recognized that "the States have a compelling interest in the practice of professions within their boundaries, and * * * they have broad power to establish standards for licensing practitioners and regulating the practice of professions." Ohio State Bar Assn. v. Burdzinski, Brinkman, Czarzasty & Landwehr, Inc., 112 Ohio St.3d 107, 2006-Ohio-6511, 858 N.E.2d 372, ¶ 11, quoting Goldfarb v. Virginia State Bar, 421 U.S. 773, 792, 95 S.Ct. 2004, 44 L.Ed.2d 572 (1975). Here, the compelling interest is vindicated by the report of Ryan Mekota, Psy.D., who evaluated Gibbons.

  4. Lawson v. Mahoning Cty. Mental Health Bd.

    2010 Ohio 6388 (Ohio Ct. App. 2010)

    Conversely, the licensing of lawyers and real estate agents is left to governmental bodies and is a governmental function. Ohio State Bar Assn. v. Burdzinski, Brinkman, Czarzasty Landwehr, Inc., 112 Ohio St.3d 107, 2006-Ohio-6511, ¶ 11 (indicating that licensing of lawyers has been left exclusively to the states); Cerreta v. Ohio Dept. of Commerce, 9th Dist. No. 2008 CA 00125, 2009-Ohio-1760, ¶ 86 (finding that the issuing of licenses for a real estate agent is a governmental function). See, also, Duncan v. Ohio State Liquor Control Comm., 10th Dist. No. 08AP-236, 2008-Ohio-4550, ¶ 16 (stating that issuing a liquor license is a governmental function).